BILL NUMBER: SB 1288	CHAPTERED  09/07/99

	CHAPTER   355
	FILED WITH SECRETARY OF STATE   SEPTEMBER 7, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 7, 1999
	PASSED THE SENATE   AUGUST 24, 1999
	PASSED THE ASSEMBLY   AUGUST 19, 1999
	AMENDED IN ASSEMBLY   JULY 7, 1999
	AMENDED IN ASSEMBLY   JULY 1, 1999
	AMENDED IN SENATE   APRIL 8, 1999

INTRODUCED BY   Senator Murray

                        FEBRUARY 26, 1999

   An act to amend, repeal, and add Section 44015 of the Health and
Safety Code, relating to air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1288, Murray.  Motor vehicle inspection and maintenance
program.
   (1) Existing law establishes a motor vehicle inspection and
maintenance (smog check) program that, among other things, requires
all motor vehicles, except for certain exempt vehicles, that are
registered in designated areas of the state to biennially obtain a
certificate of compliance or noncompliance with motor vehicle
emission standards.  Existing law provides that a certificate of
compliance or noncompliance shall be valid for 90 days, except that
if the certificate is issued to a licensed automobile dealer, the
certificate shall be valid for 180 days.
   This bill, until January 1, 2002, instead, would provide that a
certificate issued to a licensed motor vehicle dealer shall be valid
for a 2-year period, or until the vehicle is sold and registered to a
retail buyer, whichever occurs first.  The bill would specify that a
licensed motor vehicle dealer is responsible for having a smog check
inspection performed on, and a certificate of compliance or
noncompliance issued for, every motor vehicle offered for retail
sale.  Because other provisions of law would make a violation of this
requirement a crime, the bill would impose a state-mandated local
program.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 44015 of the Health and Safety Code is amended
to read:
   44015.  (a) A licensed smog check station shall not issue a
certificate of compliance, except as authorized by this chapter, to
any vehicle that meets the following criteria:
   (1) A vehicle that has been tampered with.
   (2) A vehicle that, prior to repairs, has been initially
identified by the smog check station as a gross polluter.
Certification of a gross polluting vehicle shall be conducted by a
designated test-only facility, or a test-and-repair station that is
both licensed and certified pursuant to Sections 44014 and 44014.2
and is participating in the pilot program pursuant to subparagraph
(B) of paragraph (2) of subdivision (g) of Section 44014.5.
   (3) A vehicle described in subdivision (c).
   (b) If a vehicle meets the requirements of Section 44012, a smog
check station licensed to issue certificates shall issue a
certificate of compliance or a certificate of noncompliance.
   (c) (1) A repair cost waiver shall be issued, upon request of the
vehicle owner, by an entity authorized to perform referee functions
for a vehicle that has been properly tested but does not meet the
applicable emission standards when it is determined that no
adjustment or repair can be made that will reduce emissions from the
inspected motor vehicle without exceeding the applicable repair cost
limit established under Section 44017 and that every defect specified
by paragraph (2) of subdivision (a) of Section 43204, and by
paragraphs (2) and (3) of subdivision (a) of Section 43205, has been
corrected.  A repair cost waiver issued pursuant to this paragraph
shall be accepted in lieu of a certificate of compliance for the
purposes of compliance with Section 4000.3 of the Vehicle Code.  No
repair cost waiver shall exceed two years' duration.  No repair cost
waiver shall be issued until the vehicle owner has expended an amount
equal to the applicable repair cost limit specified in Section
44017.
   (2) An economic hardship extension shall be issued, upon request
of a qualified low-income motor vehicle owner, by an entity
authorized to perform referee functions, for a motor vehicle that has
been properly tested but does not meet the applicable emission
standards when it is determined that no adjustment or repair can be
made that will reduce emissions from the inspected motor vehicle
without exceeding the applicable repair cost limit, as established
pursuant to Section 44017.1, that every defect specified in paragraph
(2) of subdivision (a) of Section 43204, and in paragraphs (2) and
(3) of subdivision (a) of Section 43205, has been corrected, that the
low-income vehicle owner would suffer an economic hardship if the
extension is not issued, and that all appropriate emissions-related
repairs up to the amount of the applicable repair cost limit in
Section 44017.1 have been performed.
   (d) No repair cost waiver or economic hardship extension shall be
issued under any of the following circumstances:
   (1) If a motor vehicle was issued a repair cost waiver or economic
hardship extension in the previous biennial inspection of that
vehicle.  A repair cost waiver or economic hardship extension may be
issued to a motor vehicle owner only once for a particular motor
vehicle belonging to that owner.  However, a repair cost waiver or
economic hardship extension may be issued for a motor vehicle that
participated in a previous waiver or extension program prior to
January 1, 1998, as determined by the department.  For waivers or
extensions issued in the program operative on or after January 1,
1998, a waiver or extension may be issued for a motor vehicle only
once per owner.
   (2) Upon initial registration of all of the following:  a direct
import motor vehicle, a motor vehicle previously registered outside
this state, a dismantled motor vehicle pursuant to Section 11519 of
the Vehicle Code, a motor vehicle that has had an engine change, an
alternate fuel vehicle, and a specially constructed vehicle.
   (e) Except as provided in subdivision (f), a certificate of
compliance or noncompliance shall be valid for 90 days.
   (f) Except as provided in Sections 4000.1, 24007, 24007.5, and
24007.6 of the Vehicle Code, a licensed motor vehicle dealer shall be
responsible for having a smog check inspection performed on, and a
certificate of compliance or noncompliance issued for, every motor
vehicle offered for retail sale.  A certificate issued to a licensed
motor vehicle dealer shall be valid for a two-year period, or until
the vehicle is sold and registered to a retail buyer, whichever
occurs first.
   (g) A test may be made at any time within 90 days prior to the
date otherwise required.
   (h) This section shall remain in effect only until January 1,
2002, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2002, deletes or extends
that date.
  SEC. 2.  Section 44015 of the Health and Safety Code is added, to
read:
   44015.  (a) A licensed smog check station shall not issue a
certificate of compliance, except as authorized by this chapter, to
any vehicle that meets the following criteria:
   (1) A vehicle that has been tampered with.
   (2) A vehicle that, prior to repairs, has been initially
identified by the smog check station as a gross polluter.
Certification of a gross polluting vehicle shall be conducted by a
designated test-only facility, or a test-and-repair station that is
both licensed and certified pursuant to Sections 44014 and 44014.2
and is participating in the pilot program pursuant to subparagraph
(B) of paragraph (2) of subdivision (g) of Section 44014.5.
   (3) A vehicle described in subdivision (c).
   (b) If a vehicle meets the requirements of Section 44012, a smog
check station licensed to issue certificates shall issue a
certificate of compliance or a certificate of noncompliance.
   (c) (1) A repair cost waiver shall be issued, upon request of the
vehicle owner, by an entity authorized to perform referee functions
for a vehicle that has been properly tested but does not meet the
applicable emission standards when it is determined that no
adjustment or repair can be made that will reduce emissions from the
inspected motor vehicle without exceeding the applicable repair cost
limit established under Section 44017 and that every defect specified
by paragraph (2) of subdivision (a) of Section 43204, and by
paragraphs (2) and (3) of subdivision (a) of Section 43205, has been
corrected.  A repair cost waiver issued pursuant to this paragraph
shall be accepted in lieu of a certificate of compliance for the
purposes of compliance with Section 4000.3 of the Vehicle Code.  No
repair cost waiver shall exceed two years' duration.  No repair cost
waiver shall be issued until the vehicle owner has expended an amount
equal to the applicable repair cost limit specified in Section
44017.
   (2) An economic hardship extension shall be issued, upon request
of a qualified low-income motor vehicle owner, by an entity
authorized to perform referee functions, for a motor vehicle that has
been properly tested but does not meet the applicable emission
standards when it is determined that no adjustment or repair can be
made that will reduce emissions from the inspected motor vehicle
without exceeding the applicable repair cost limit, as established
pursuant to Section 44017.1, that every defect specified in paragraph
(2) of subdivision (a) of Section 43204, and in paragraphs (2) and
(3) of subdivision (a) of Section 43205, has been corrected, that the
low-income vehicle owner would suffer an economic hardship if the
extension is not issued, and that all appropriate emissions-related
repairs up to the amount of the applicable repair cost limit in
Section 44017.1 have been performed.
   (d) No repair cost waiver or economic hardship extension shall be
issued under any of the following circumstances:
   (1) If a motor vehicle was issued a repair cost waiver or economic
hardship extension in the previous biennial inspection of that
vehicle.  A repair cost waiver or economic hardship extension may be
issued to a motor vehicle owner only once for a particular motor
vehicle belonging to that owner.  However, a repair cost waiver or
economic hardship extension may be issued for a motor vehicle that
participated in a previous waiver or extension program prior to
January 1, 1998, as determined by the department.  For waivers or
extensions issued in the program operative on or after January 1,
1998, a waiver or extension may be issued for a motor vehicle only
once per owner.
   (2) Upon initial registration of all of the following:  a direct
import motor vehicle, a motor vehicle previously registered outside
this state, a dismantled motor vehicle pursuant to Section 11519 of
the Vehicle Code, a motor vehicle that has had an engine change, an
alternate fuel vehicle, and a specially constructed vehicle.
   (e) Unless the certificate is issued to a licensed automobile
dealer, a certificate of compliance or noncompliance shall be valid
for 90 days.  If the certificate is issued to a licensed automobile
dealer, the certificate shall be valid for 180 days.
   (f) A test may be made at any time within 90 days prior to the
date otherwise required.
   (g) This section shall become operative on January 1, 2002.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
